Wednesday, August 27, 2003

Source: The Ottawa Citizen

The federal government has asked the Supreme Court of Canada to throw out an application from a coalition of religious groups hoping to reverse an Ontario ruling allowing same-sex marriage.The federal Justice Department argues in a submission filed in the Supreme Court, that the Interfaith Coalition on Marriage and the Family does not have the right to seek leave to appeal, since it was an intervenor rather than a direct party in the Ontario Court of Appeal.

The coalition's application to appeal the June 10 ruling comes at the same time as the federal government has asked the court to consider whether its draft bill allowing same-sex marriage is in keeping with the Charter of Rights.Several gay couples who secured the right to marry from the Ontario Court of Appeal have also asked the Supreme Court to throw out the religious coalition's application."The attempt to stay the Court of Appeal ruling come far too late," said Toronto lawyer Martha McCarthy. "Five of our applicant couples are now married. We cannot turn the clock back."

The coalition, which comprises the Ontario Conference of Catholic Bishops, the Evangelical Fellowship of Canada, the Islamic Society of North America and the Catholic Civil Rights League, asked the Supreme Court in early July for leave to appeal gay marriage.

Three MPs -- Liberal backbenchers Derek Lee and John McKay and Canadian Alliance justice critic Vic Toews, have filed affidavits in the Supreme Court urging the judges to hear an appeal.Mr. Lee, a Scarborough MP, warned that the Supreme Court must make a national pronouncement on the divisive matter because there is no guarantee that the Liberal bill will pass in the House of Commons, particularly since members will not be required to vote along party lines. "In the Canadian constitutional order, it should not be the case that the decision of an appellate court can create such uncertainty throughout Canada," Mr. Lee wrote.

Same-sex marriage is legal in Ontario and British Columbia, but the rest of the country is awaiting the proposed change in law.Justice Minister Martin Cauchon has conceded that bill might not reach a vote until 2005. Others are more skeptical, considering that Prime Minister Jean Chrétien, one of the bill's strongest supporters, is to leave office by next February. "There is no guarantee that the draft bill that has been prepared by the current executive will be introduced to Parliament by the new executive," Mr. McKay, another Scarborough MP, wrote in his affidavit.

While the government is fighting religious groups on their right to appeal the gay marriage ruling in Ontario, the bill also asks the court to declare that religious institutions cannot be forced to perform gay marriage ceremonies.

In another development, the Young Liberals of Canada are urging dissident MPs to embrace same-sex marriage.The Young Liberals are strong supporters of Paul Martin, Mr. Chrétien's expected successor. Mr. Martin has said he supports gay marriage, but he has also mused about a vote taking place in the House of Commons this fall, before the Supreme Court considers the government's reference.